The Constitutional Court concludes that the appellant was not deprived of his right to file an appeal with the court in respect of a review of the lawfulness of deprivation of liberty and that the requirement as to the expediency of review of the lawfulness of the proceedings was satisfied, as stipulated by Article 5 paragraph 4 of the European Convention, given that the Supreme Court took its decision within eight days upon the appellant’s appeal filed against the ruling extending his detention.
• Decision on Admissibility and Merits No. AP 641/03 of 30 November 2004, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 20/05
The Constitutional Court notes in the present case that the appellant was not denied the access to a “court“, which could examine the lawfulness of his detention. In particular, the appellant was not denied the opportunity to lodge an appeal with the Panel of the Municipal Court and then the Cantonal Court against the rulings of the Municipal Court, as the Panel of the Municipal Court and Cantonal Court decided within a short time- limit, they considered the appellant’s allegations and gave reasons why they could not take a different decision. Accordingly, the Constitutional Court concludes that Article 5(4) of the European Convention has not been violated in the present case.
• Decision on Admissibility and Merits No. AP 1429/17 of 10 May 2017, paragraph 52
